BILL NUMBER: AJR 38 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 22, 2010 INTRODUCED BY Assembly MembersArambulaand CaballeroCaballero, Fuller, and Arambula FEBRUARY 25, 2010 Relative to public resources. LEGISLATIVE COUNSEL'S DIGEST AJR 38, as amended,ArambulaCaballero . Public resources: Two-Gates Fish Protection Demonstration Project. This measure would request the United States Department of the Interior to complete its study ofthe Sacramento-San Joaquin Delta throughthe Two-Gates Fish Protection Demonstration Project in the Sacramento-San Joaquin Delta . Fiscal committee: no. WHEREAS, According to the National Oceanic and Atmospheric Administration's Satellite and Information Service, the western region of the United States, since 2007, hasexperienced a severe to extreme drought, decreasingfrom 2007 to 2009, inclusive, which decreased water supply by as much as 8 percent; andWHEREAS, During these abnormal times, it is understood that allWHEREAS, The people in the state must do all they reasonably can to reduce water use and ensure that water is made available to meet the state's demands in an environmentally conscious way; and WHEREAS, Although all Californians suffer from reducedwater supply, those that are especially hit are those who live withinwater supply, especially affected may be those who live in rural farming communities; and WHEREAS,TheIn 2009, the Westlands Water District, which serves the western parts of Fresno and Kings Counties, caused 220,000 acres of land to lie fallow when it reduced outflow to farm lands to 10 percent, which was a full 15 percent lower than reductions made in much more severe droughts in the past. This in turn caused 4,200 jobs tied to that land to be lostas well, causing citizens and workers to join the ever-growing ranks of the unemployed, according to a study conducted by the University of California at Davis; and WHEREAS, The Legislature is aware that the outflow reductionswere made in an effort to protect the endangered Delta smelt, a fish that calls the San Joaquin-Delta water region home. These reductions came about as a result of a biological opinion released by the Fish and Wildlife Service (FWS), which resulted in a further court decision by a federal district court that restrained the Central Valley Project (CVP) and State Water Project (SWP) from withdrawing water that compromises a court mandated minimum of 5,000 cubic feet per second (CFS) in upstream flow for any seven-week average; andwere made in an effort to protect the state and federally listed Delta smelt, a fish native to the Sacramento-San Joaquin Delta Estuary. These reductions came about as a result of a United States Fish and Wildlife Service biological opinion that is t he subject of further legal challenge in a federal district court; and WHEREAS, Because of the three-year drought and the restrictions imposed by the biological opinion, the State Water Project water allocation was just 40 percent of its contracted water supply last year, and the federal Central Valley Project water allocation was just 10 percent of its contracted water supply. As of March 30 of this year, the State Water Project water allocation is just 20 percent, and the water allocation for agriculture served by the federal Central Valley Project is 30 percent; and WHEREAS, Restrictions imposed on state and federal pumping facilities to protect the Delta smelt and salmon have been in place for over a decade, but the decline of these and other species continues; and WHEREAS, These outflow reductions have produced veryhuman consequences. The Western Farm Press reports that farmers have lost 600,000 acre feet of water since the decision in December, meaning that 500,000 acres of farmland have been made to lie fallow. This has caused growers and processors to cut as many as 1,150 jobs in field-related jobs and 21,000 agricultural jobs in general, with more likely to occur, producing a 40-percent unemployment rate in parts of San Joaquin Valley. This hashuman consequences. In 2009, the Western Farm Press reported that farmers lost 600,000 acre-feet of water because of environmental protections, meani ng that 500,000 acres of farmland were made to lie fallow. This caused growers and processors to cut as many as 1,150 field-related jobs and 21,000 general agricultural jobs, contributing to a 40-percent unemployment rate in parts of San Joaquin Valley. This has produced a net economic loss of $1 billion at a time when the state cannot afford to lose income; and WHEREAS, Currently,the FWS is conducting a studystudies are ongoing to further investigate the influences of water pumping on the Delta smelt population; and WHEREAS, While there are many projects to be considered, the Legislature urges expedient consideration of the Two-Gates Fish Protection Demonstration Project. With $28 million of fundingfor the project allocated as part of Proposition 84, with the rest of the costs being met by a combination of federal and private funds, Senate Bill 1 (Chapter 5 of the Seventh Extraordinary Session of the Statutes of 2009) will provide for an experimental program that will install gates to prevent the Delta smelt from coming too close to water pumps; andfor the project allocated as part of Proposition 84 (Senate Bill 1, chaptered as Chapter 5 of the Seventh Extraordinary Session of the Statutes of 2009) and the rest of the costs being met by a combination of federal and private funds, the project will provide for an experimental program that will install gates to reduce the loss of the Delta smelt at the state and fe deral pumps; and WHEREAS, While information about how the Two-Gates Fish Protection Demonstration Project will affecttheDelta smelt is unclear,it presents the mostthe project presents a viable option to immediately protect an endangered species and begin to return much needed jobs to rural Californians; and WHEREAS, Swift action must be taken to protect the Delta smelt and salmon and to protect the water supply for California's citizens, businesses, and farms; and WHEREAS, It is important to preserve endangered species,and, perhaps more importantly, to conduct studies efficiently and accurately, removing the need for more studies and more funds the state is struggling to amassas well as to conduct studies efficiently and accurately , and given the previously mentioned human tragedy, expediency is of utmost importance in this matter; now, therefore, be it Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature requests the United States Department of the Interior to complete its study of theSacramento-San Joaquin Delta through theTwo-Gates Fish Protection Demonstration Project in the Sacramento-San Joaquin Delta ; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.